1. (1) In addition to any other penalty or sanction provided by law, a lien claimant who violates any provision of ORS 822.093 or OAR 735-150-0250 relating to lien claimant records may incur a civil penalty in an amount not to exceed $1,000 for each violation. DMV will assess a penalty amount determined by DMV to be appropriate for the particular violation. In determining an appropriate penalty amount DMV may use the schedule set forth in section (2) of this rule as a guideline and may consider the following criteria:

   1. (a) The severity of the violation or its impact on the public;
   2. (b) The number of similar or related violations;
   3. (c) Whether the violations were willful or intentional;
   4. (d) The prior history of penalties imposed by DMV against the lien claimant;
   5. (e) The number of violations compared to the volume of transactions by the lien claimant; or
   6. (f) Other circumstances determined by DMV to be applicable to the particular violation.

2. (2) Pursuant to ORS 822.093, DMV may impose a civil penalty for failure to comply with any provision of OAR 735-150-0250, concerning lien claimant records:

   1. (a) For first offense: warning;
   2. (b) For second offense: $250;
   3. (c) For third offense: $500;
   4. (d) For fourth and subsequent offense: $1,000.

3. (3) Prior to the issuance of a final order, DMV may reassess the civil penalty amount and may agree to payment of an amount less than that assessed in the Notice of Imposition of Civil Penalty, after review of:

   1. (a) The criteria listed in section (1) of this rule; and
   2. (b) Any explanatory information provided to DMV.

Statutory/Other Authority

ORS 184.619, 803.097, 822.035, 822.042 & 822.093

Statutes/Other Implemented

ORS 87.152, 87.162, 87.166, 87.172, 87.176 - 206, 90.425, 90.675, 98.805, 98.810, 98.812, 98.818, 98.830, 803.097, 809.720, 811.555, 811.570, 819.110, 819.120, 819.160, 819.230, 822.035, 822.042, 822.045 & 822.093

History

DMV 4-2019, minor correction filed 01/30/2019, effective 01/30/2019
DMV 10-2004, f. 5-24-04, cert. ef. 6-1-04
DMV 26-2003(Temp), f. & cert. ef. 12-15-03 thru 6-11-04